Hello;
My 14 year old, diagnosed with ADHD, mental seizures and more test in the works for chemical imbalance dealing with extreme anger, is on supervised probation, charged with disorderly conduct in an Alabama public school. It is our desire to private church school at home in support of our religious beliefs and to avoid any further negative interaction in public school. It is obvious he doesn't have a chance in P/S, so our only hope is to home school. We have been denied the right to school at home per a telephone conversation with the probation officer. She claims, he can not H/S while he is on probation, which is for 12 months with 6 months remaining. But in our humble opinion, the court order reads, (He must attend school with good grades). It does not specify public or private, it says (school). My question is, Does the probation officer have the authority to deny us the right to school at home? We are presently withdrawn from public school, which we feel is within our right to do so, as the court order does not specify. We enrolled in private church school and presently un schooling for a brief period to allow tensions to settle here at home before trying to school. The P/O appears to have a negative tone towards us, the parents. She told my son, that he will be serving 28 days in boot camp following our probation court hearing on Dec 7th, 2005. She has never said why but he has a history of getting in trouble at school since the intial court probation. Although after years of trial and error with medications, he is just now beginning to show a positive reaction to new medication. Both medical and mental issues are still unresolved at this time, through Physician and counselor as new test are being scheduled. Should I seek further legal assistance to dispute or defend this issue? I feel he may be being punished for things he may not have complete control over. The camp is for discipline, so I have mixed emotions here due to the medical but do not stand against the P/O in her decision to do this because she might be right. Maybe he needs this camp to set him straight. I am just not sure on this one and rely on the expertise of the P/O. However, I do disagree with her interfering with our desire to try schooling at home, as we feel this is the best for the child and perhaps his only chance. We should not be denied this opportunity as it might help him. We feel we owe it to him to at least try as he is miserable in P/S and completely lost his desire to learn. I think we can turn this around with time and patience. Umm, patience, lots of patience, smile.
My question, is (1) does HSLDA represent cases like this, some of which is pre- existing but results in his being unable to home school?(2) Will I be charged with something during the probation hearing on Dec 7th for removing him from P/S against the P/O recommendation? (3) Should I join HSLDA or hire a private attorney or do nothing at all?

I really don't see why your son is being denied homeschooling, and by a probation officer no less, who I doubt knows anything about the legalities involved. The easiest way around this of course would be an umbrella school:

The second and preferred way is known as the "Church School Law" (Ala. Code Â§16-28-3). Under this statute students between the ages of 7 and 16 are exempt from the state's compulsory school attendance law if they are enrolled in schools operated by a church or association of churches.

If there isn't, you should contact HSLDA and your state homeschooling group and see what your legal options are. I'm sure HSLDA can easily negate this "ruling" by your son's probation officer, though I don't know if they'll charge you legal fees or just have you pay for membership, and CHEF may know what to do as well.

Hello Ted;
I can't tell you how much I appreciate your post and your taking the time to post such an informative reply. Tension and stress that comes with all this is very high right now and with Christmas coming on. Your post has help to calm matters in my thinking. I will certainly read more in depth, the information sent. It is just so important to me to insure that my son is not punished for something beyond his control. If it were not for all the medical issues involved, it might would be different. I can't imagine why they would deny the right to school at home when it is in the best interest of all concerned, especially the student.
I have sent informative emails to HSLDA but they have not replied and time is running out as the court date is Dec 7th for his mid probation. I will keep trying with HSLDA or perhaps hire a local lawyer if I have to, during Christmas?,,,eeg!

Thanks again Ted, you have been very helpful;
Happy Holidays to you and yours.
flip;

Good point Ted. I just returned from the lawyers office. I couldn't afford to wait any longer, nor could I afford the Lawyer, lol, as court is the 7th.
The counselor and Physician have written letters supporting Home schooling, the po said we can explain it to the judge, very sarcasticly. I can't see why she is against recommendations by the medical when they are trying to help the kid rather than keep punishing him.
Thanks again Ted
flip;

Flip...I would like to hear how it went at the court hearing, if you don't mind sharing.
I also live in Alabama and I homeschool my 17 year old son. a few years ago, when he was 14 he got into a bad postition and was on probabtion for a 3 month period...his PO supported our decision to homeschool as a way of removing him from negative influences...but the PO also said that usually he did not support homeschooling.